H.B. 947 78(R)    BILL ANALYSIS


H.B. 947
By: Flores
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Present Texas Boiler Law (Chapter 755 of the Health and Safety Code)
requires that power boilers, unfired steam boilers and steam collection
and liberation drums of process steam generators must receive interval
certificate inspections. The Texas Department of Licensing and Regulation
(TDL&R) has jurisdiction over the Board of Boiler Rules.  The board
advises the commissioner of TDL&R in the adoption of definitions and rules
relating to the safe construction, installation, inspection, operating
limits, alteration, and repair of boilers and their appurtenances.  
 The Board is currently composed of nine members appointed by the
Commissioner of TDL&R. It has three members representing persons who own
or use boilers in this state; three members representing companies that
insure boilers in this state; one member representing boiler manufacturers
or installers; one member who is a mechanical engineer and a member of the
faculty of a recognized college of engineering in this state; and one
member representing a labor union.  HB 947 would change the current
make-up of the Boiler Board by replacing the faculty position with a
representative from the boiler repair industry.   

Presently, Chapter 755 of the Health and Safety Code requires that power
boilers, unfired steam boilers and steam collection and liberation drums
of process steam generators must receive an annual certificate inspection
and an annual external inspection.  Internal inspections are done at
certain intervals.  The current intervals are:  Power Boilers - 48 months,
Unfired Boilers - 84 months, and Process Steam Generators - 84 months.  A
complete shutdown of the unit is generally required for the internal
inspections.  House Bill 947 would change the interval inspection timeline
for the boilers and generators.   

HB 947 would also allow for the Commissioner and inspection agency to
allow for only one 120day emergency extension between internal
inspections.  Currently, there is no limit to the number of emergency
extensions.   

The intent of HB 947 is to allow for better resource utilization by the
TDL&R in managing boiler operations, as well as, having a positive impact
on the environment. This is significant considering shutdowns and startups
required for internal inspections can create a potential for an emission
event.   


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

SECTION 1.  Amends Section 755.011 (b) of the Health and Safety Code.
Changes the current make-up of the Boiler Board by replacing the faculty
position with a representative from the boiler repair industry.   




 

 HB 947 78R                          Page 1 of 2


SECTION 2.  Amends Section 755.026 (a) and (c) of the Health and Safety
Code.    

(a) Internal Inspection. Allows for the extension of the interval between
internal inspections for certain boilers used in industrial facilities as
follows for: Power Boilers - allows up to 60 months; Unfired Boilers -
remains the same; and, Process Steam Generators - 120 months. 

(c) Emergency Extension.  Language is amended to limit the Commissioner
and inspection agency to allow for only one 120-day emergency extension
between internal inspections.  An extension may only be granted by the
Commissioner of Licensing and Regulation and the inspection agency, if
several statutory conditions are met indicating that the jurisdictional
equipment is operating safely. 
 

EFFECTIVE DATE

September 1, 2003